A house or land without probate in Hawaii

An owner can sign a transfer on death deed that says the transfer happens at the owner's death. It must have the formalities of a recordable deed and be recorded with the Bureau of Conveyances (or filed with the Land Court registrar) before the owner's death.

Checked against official sources: October 30, 2026.

Transfer-on-death (TOD) and payable-on-death (POD) in Hawaii

Real estate (TOD deed)

Yes · Transfer on death deed (Uniform Real Property Transfer on Death Act)

An owner can sign a transfer on death deed that says the transfer happens at the owner's death. It must have the formalities of a recordable deed and be recorded with the Bureau of Conveyances (or filed with the Land Court registrar) before the owner's death. It can be revoked.

Law: HRS 527-5, 527-9

Source: Official page

Does real estate count toward the small estate limit?

Kind of propertyHow it is treatedDetails
Real estate in Hawaii
Counts

Hawaii real estate in the person's name alone counts at gross value (the mortgage is not subtracted), but the affidavit cannot transfer real estate.

Law: HRS 560:3-1201(a)(1)

Main home (primary residence)
Counts

The person's home counts at gross value unless it passes by joint tenancy or a transfer on death deed.

Law: HRS 560:3-1201(a)(1)

Surviving spouse in Hawaii

A surviving spouse or reciprocal beneficiary is entitled to the homestead allowance, exempt property and family allowance in a probate case. When the whole estate, after liens, is no more than these allowances plus administration costs, funeral costs and last-illness medical costs, a personal representative can distribute it at once and close the estate with a sworn statement.

Law: HRS 560:3-1203, 560:3-1204

Who inherits with no will in Hawaii

The surviving spouse or reciprocal beneficiary gets everything if the person left no descendants or parents, or if all descendants are also the spouse's and the spouse has no other descendants. Otherwise the spouse gets a set first amount ($400,000, $330,000 or $220,000 depending on the family) plus three-fourths or one-half of the rest. What the spouse does not take goes to the descendants, or if none, to the parents, then to more distant relatives.

Law: HRS 560:2-102, 560:2-103

Source: Official page

Related pages

Free help in Hawaii

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.